European Court of Justice
Introduction:
We have chosen to write this assignment on the European Court of Justice (ECJ), looking into its role in the European integration process, and how its rulings and judgments have affected the business framework. We will also be looking into the effects of its rulings on state sovereignty, and how in some cases its rulings have limited states power over certain policy areas and handed them to the European Union. We will start by looking at the radical jurisprudence of the European court of justice, and what political reactions have arisen to that, and how that has changed/affected the integration process. To get a better understanding, we will incorporate the use of neo-functionalism and rational choice new institutionalism theories. Finally we will include two cases, whose verdicts have had a major impact on the business framework in the EU, and its impact on the institutions of the EU.
Structure and functions:
It was established by the treaty of Paris in 1952 as an auxiliary institution. It became an institution when the treaties of Rome established the EEC and EUROATOM. The court of Justice is located in Luxembourg. Initially it consisted of 7 judges, today it consists of 25 judges and 8 advocates general, appointed in agreement with the member states, and their tenure has a duration of 6 years. They are chosen on the basis of professionalism, independence and competence. Among these one is chosen as the President of the Court for a renewable term of 3 years.
Establishing the issue:
In the past decades the ECJ has in several cases gone beyond its intended mandate and become an active player in the European integration process. This has in some cases given it a role that might put it in a position of conflict with the governments and the other institutions of the EU. Has the ECJ moved beyond its initial task of being a neutral trade arbitrator? We will incorporate different theoretical views while looking into this development, and how it
We have chosen to write this assignment on the European Court of Justice (ECJ), looking into its role in the European integration process, and how its rulings and judgments have affected the business framework. We will also be looking into the effects of its rulings on state sovereignty, and how in some cases its rulings have limited states power over certain policy areas and handed them to the European Union. We will start by looking at the radical jurisprudence of the European court of justice, and what political reactions have arisen to that, and how that has changed/affected the integration process. To get a better understanding, we will incorporate the use of neo-functionalism and rational choice new institutionalism theories. Finally we will include two cases, whose verdicts have had a major impact on the business framework in the EU, and its impact on the institutions of the EU.
Structure and functions:
It was established by the treaty of Paris in 1952 as an auxiliary institution. It became an institution when the treaties of Rome established the EEC and EUROATOM. The court of Justice is located in Luxembourg. Initially it consisted of 7 judges, today it consists of 25 judges and 8 advocates general, appointed in agreement with the member states, and their tenure has a duration of 6 years. They are chosen on the basis of professionalism, independence and competence. Among these one is chosen as the President of the Court for a renewable term of 3 years.
Establishing the issue:
In the past decades the ECJ has in several cases gone beyond its intended mandate and become an active player in the European integration process. This has in some cases given it a role that might put it in a position of conflict with the governments and the other institutions of the EU. Has the ECJ moved beyond its initial task of being a neutral trade arbitrator? We will incorporate different theoretical views while looking into this development, and how it
References: Article taken from the Danish website of the ECJ: http://curia.europa.eu/da/instit/presentationfr/unejuridiction/integration.htm